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LAW OF THE REPUBLIC OF TAJIKISTAN

of July 30, 2007 No. 309

About state regulation of production and turnover of separate types of oil products

(as amended of the Law of the Republic of Tajikistan of 24.02.2017 No. 1403)

This Law governs the public relations arising in production process and turnover of separate types of oil products (further - oil products): gasoline (except for aviation), diesel fuel and fuel oil.

Article 1. Basic concepts

In this Law the following basic concepts are used:

- oil - the combustible oily liquid widespread in sedimentary cover of the earth consisting of complex mix of hydrocarbons, some types of cyclones and aren, oxygen, sulphurous and nitrogenous connections, which is considered as the major useful mineral;

- oil products - mixes of hydrocarbons, and also the individual chemical compounds received from oil and oil gases and used in fuel quality, lubricants, electric insulation means, solvents, petrochemical raw materials;

- gas station (gas station) - the technology complex equipped with the equipment for storage and retail sale of oil products;

- the petroleum supply point - the warehouse intended for storage and wholesale of oil products;

- the single database - the electronic database on production and turnover of oil products created on the basis of information of the state bodies and commercial structures performing within the competence, state regulation of production and turnover of oil products;

- compounding - mixing of two or several components for the purpose of receipt of oil product of the set quality;

- the minimum production volume of oil products - amount of oil products, is at least whom the producer of oil products shall make monthly within calendar year according to the oil and (or) gas organizations and other sources of raw materials approved by authorized state body in the field of power scopes of supply of crude oil, oil products and (or) gas condensate;

- non-conforming oil product the oil product which is not conforming to the requirements established by regulating documents on standardization;

- turnover of oil products - acquisition, storage, realization, transportation, export and import of oil products;

- wholesale of oil products - realization (shipment) of oil products by producers, oil suppliers, and also persons enabling the realization from petroleum supply points for the purpose of further resale;

- the passport of production - the document of the established form reflecting indicators of production capacities of the producer of oil products, its main characteristics and regulating use of the available equipment for observance of engineering procedure of production;

- the oil supplier - the petro and (or) gas organization and other legal entities delivering own crude oil and gas condensate for conversion;

- producer of oil products - the petro and gas-processing organization having the license for production and enabling the realization of oil products according to the legislation of the Republic of Tajikistan;

- production of oil products - complex of the works on conversion of crude oil and gas condensate, and also to compounding providing oil products according to requirements

regulating documents on standardization;

- retail sale of oil products - realization of oil products physical and legal persons without the purposes of further resale;

- the accompanying waybill - the unified document intended for control of movement of oil products on all transit from the sender to the receiver necessary for registration of transactions on leave and acceptance of oil products - the form of the strict reporting;

- authorized state body - the state body determined by the Government of the Republic of Tajikistan, performing state regulation of production and turnover of oil products within powers determined by this Law.

Article 2. Legislation of the Republic of Tajikistan on state regulation of production and turnover of separate types of oil products

The legislation of the Republic of Tajikistan on state regulation of production and turnover of separate types of oil products, is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts, and also the international legal acts recognized by the Republic of Tajikistan.

Article 3. State regulation of production and turnover of separate types of oil products

State regulation of production and turnover of separate types of oil products is performed by the Government of the Republic of Tajikistan and authorized state body. Other state bodies also have the right to regulate single questions of production and turnover of oil products within the competence established by this Law and other regulatory legal acts of the Republic of Tajikistan.

State regulation of production and turnover of oil products includes:

- licensing of activities for production, production, conversion, storage and sale of oil, gas and products of their conversion;

- establishment of the minimum production volumes of oil products on condition of approvals by state body in the field of power of supply rates of oil and gas condensate;

- control over turnover of oil products according to powers of the Government of the Republic of Tajikistan, the representative and other state bodies, and also by means of monitoring through the single database of production and turnover of oil products, introduction of accompanying waybills and establishment of procedure for declaring;

- control of quality of oil products.

Article 4. Competence of the Government of the Republic of Tajikistan

Government of the Republic of Tajikistan:

- determines the main directions of state policy in the field of state regulation of production and turnover of oil products;

- accepts and publishes within the competence regulatory legal acts in the field of state regulation of production and turnover of oil products;

- regulates import to the Republic of Tajikistan and export from the Republic of Tajikistan of oil products according to regulatory legal acts of the Republic of Tajikistan;

- determines the state body performing licensing of production of oil products;

- performs regulation of supply of crude oil and gas condensate to the domestic market of the Republic of Tajikistan;

- determines form, the procedure and terms of representation is reduced, necessary for monitoring implementation;

- performs other competence, stipulated by the legislation the Republic of Tajikistan.

Article 5. Powers of authorized state body

Authorized state body:

- publishes within the powers regulatory legal acts in the field of state regulation of production, realization and turnover of oil products;

- performs monitoring of activities of producers of the oil products, oil suppliers and persons enabling the realization from petroleum supply points;

- performs maintaining the single database with creation of balance of production and turnover of oil products;

- determines form, procedure and terms of provision by other state bodies of data on production volume and turnover of oil products and other necessary information in the single database;

- develops and approves rules of execution of accompanying waybills;

- determines form, procedure and terms of provision of declarations;

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